Are TIE delays in Spain creating panic? Don’t worry – your residency rights are still safe, say experts

Myra Cecilia Azzopardi & CAB

Many British citizens living in Spain, who arrived before January 1, 2021, will reach the five-year legal residency milestone by 2025. That means they’re now eligible to become permanent residents under the UK–EU Withdrawal Agreement.

But there are many who face a real problem.

“I cannot get an appointment for renewing or updating my TIE.  What happens to my residence?

This article is intended to reassure you that your legal right of residence in Spain will be protected. You do not lose residency if you have a TIE card that expires, or if you are unable to get an appointment on time.

The physical card is not required to prove your permanent residence. It is determined by Spanish and international law.

What the Withdrawal Agreement Says and what Spanish Law Say

Your residency rights will be protected if you move to Spain and register under the Withdrawal Agreement before January 1, 2021.

You can apply for permanent residency after five years of legal residence.

Withdrawal Agreement

Article 15.

Right to permanent residence

Union citizens, United Kingdom nationals and their family members who have lived legally in the state of residence in accordance with Union Law for a period of five years, or for the time specified in Article 17 in Directive 2004/38/EC for a period of five years, will have the right of permanent residency in the state of residence under the conditions outlined in Articles 16, 17 & 18 of Directive 2004,/38/EC. The period of legal residence and/or work according to Union law, before and after the end the transition period is included in the calculation for the qualification period required to acquire the right of permanent residency”.

In relation to the loss of residence rights, Article 15(3) (withdrawal agreement) specifies:

“Once obtained, the right to permanent residence may only be lost by absence from the state of origin for a continuous period exceeding five years”.

If you continue to live in Spain, your status will not be affected by a late renewal of your ID card.

Even if you miss your TIE appointment and your card expires your right to live continues.

The Spanish Resolution of 2020, paragraphs 1 and 2, has been translated.

If the person is in possession of a permanent resident document, they will receive a residence permit for ten (10) years. This document can be renewed automatically every ten (10). If you do not submit a renewal application within the specified time frame in paragraph 2, your permanent residency right will not be affected.

“Paragraph 2. Paragraph 2.

The Withdrawal Agreement grants the right to permanent residence by law even though the above is referring specifically to permanent residents.  If you have resided in the country for 5 years continuously,  The card is not enough. It is therefore reasonable to assume that the same principle applies to those who are permanent residents after five years of legal residence, even if their cards have only just been updated to reflect this status.

This screenshot is from the Spanish government’s FAQs about Brexit.

The card must be renewed.

TIE cards expire even though the right to reside does not.

Even if your status is permanent, you will still need to update the card. This could be changing it from a temporarily issued card to a permanent one.

Renewing your membership is a good idea for:

•It’s needed for travel (especially re-entry to Spain)

•It’s used in identification with banks, healthcare, and public authorities

•You may face issues at borders or with official transactions if your card is expired

What if You Can’t Make an Appointment with a Doctor?

Many residents report that no appointments are available on the extranjería booking systems. If this is the case, you can:

What to Do:

•Keep a dated screenshot of your attempts to book an appointment

•Save copies of appointment request forms or website errors

•Try booking online via Cl@ve You can also use a digital certificate

•Use the Mercurio platform to submit your renewal application online if it is available for your area

•Stay registered on the padrón municipal

•Carry your expired TIE, padrón certificate, and proof of appointment attempts when dealing with authorities or travelling

If needed, you can ask your subdelegación de gobierno or extranjería office for a certificate confirming your legal status.

Remember:

If You Still Have a Legal Resident Status

You can still renew your card even if it’s expired.

•You are still legally resident

•You do not need to reapply for residency

•Your permanent residence status is not lost

•Your right is protected by EU and Spanish law

Share this information with anyone who may be affected. It is frustrating that you cannot get an appointment, but this does not mean that you have lost your status as a resident. Your status is permanent, and your rights will be protected.